Jurist
Spain strikes down Catalan independence plan
The Constitutional Court of Spain on Dec. 2 declared unconstitutional (PDF) a resolution by the Parliament of Catalonia that proposed a plan for the region's independence from Spain by 2017. The resolution was approved by Catalonian lawmakers in November, and stated that parliament would take the "necessary steps" to effect the separation from Spain in a peaceful and democratic manner and in a way that would empower citizens. The court held that the resolution violated Articles 1.1, 1.2 , 2, 9.1 and 168 of the Constitution and Articles 1 and 2.4 of the Statute of Autonomy of Catalonia. The resolution states that the separation of Catalonia from Spain is not subject to the decisions of the Constitutional Court.
Gitmo detainee victim of mistaken identity: US
According to an official US government document (PDF), a man who fought for the Taliban in Afghanistan and has been held without charge at Guantánamo Bay for 13 years was a victim of mistaken identity. Mustafa Abd-al Qawi Abd-al-Aziz al-Shamiri was held as a courier and trainer for al-Qaeda. The Department of Defense now believes these activities were carried out by other militants with similar names. Al-Shamiri is linked to the men who planned the October 2000 bombing of the USS Cole, but there is no evidence he was part of the operation. In a statement released by al-Shamiri's personal representatives, they say he feels "remorse for choosing the wrong path early in life" and "wants to make a life for himself."
SCOTUS turns down Mexican appeal in BP oil spill
The US Supreme Court on Nov. 30 denied (PDF) certiorari in an appeal by Mexican states attempting to sue BP over the 2010 Gulf of Mexico oil spill. The court let stand a lower court ruling in Veracruz, Mexico, et al. v. BP, P.L.C., et al, finding that the states of Veracruz, Tamaulipas and Quintana Roo cannot bring suit against BP because Mexico's federal government owns the affected property. The lawsuit sought damages for the cost of responding to the spill, contamination of the water and shoreline and lost tourism. The Mexican federal government filed a similar suit in 2013, which is currently being heard.
UN urges protection for Venezuela opposition
UN High Commissioner for Human Rights Zeid Ra'ad Al Hussein on Nov. 27 called for the protection of political groups associated with the assassinated Venezuelan opposition leader Luis Diaz. Diaz was shot while on stage with jailed opposition leader Leopoldo Lopez's wife Lilian Tintori. Zeid stated that it was unclear whether the shot was meant for Diaz or Tinter, but that all those associated with the opposition leader should be adequately protected. He further urged, "the authorities to ensure that the investigation into Luis Diaz's murder is independent and impartial and brings to justice the perpetrators, as well as the masterminds behind the assassination... All sides must refrain from violence and violent rhetoric in the run up to the elections."
Brazil to sue mining giants for dam failure
Brazil's Minster of Natural Environment said Nov. 27 that the country's government plans to sue BHP Billiton Ltd., Vale SA, and Samarco Mineração SA for $5.24 billion for damages caused by a dam collapse at an iron ore site the two co-own. The iron ore site, Samarco Mineração SA, is a joint mining venture between the two companies. BHP Billiton Ltd. is the largest mining company, and Vale SA is the biggest ore miner in the world. The dam contained and released 60 million cubic meters of mine waste and mud that killed at least 13 people, left approximately 11 people missing, and devastated an entire village when it collapsed earlier this month. Brazilian Minister Izabella Teixeira announced that the government would seek to create a fund to compensate victims and to pay for the environmental recovery of the effected areas. The fund would be created gradually as a percentage of the companies' profits. The Special Rapporteurs sent by the UN Office of the High Commissioner for Human Rights (OHCHR) reported that the "steps taken by the Brazilian government, Vale and BHP Billiton to prevent harm were clearly insufficient" and that "this disaster serves as yet another tragic example of the failure of businesses to adequately conduct human rights due diligence to prevent human rights abuses."
Kurdish lawyer shot dead at press conference
A prominent human rights lawyer was fatally shot Nov. 28 while delivering a press statement in Diyarbakir, Turkey. Tahir Elci was an influential figure in the largely Kurdish city of Diyarbakir, and he was the head of the Diyarbakir Bar Association. Elci was pronounced dead at a hospital shortly after the shooting. Elci claimed he had received death threats in recent weeks via his Twitter account. Last month, Turkish authorities arrested Elci for his public statement that the Kurdistan Workers' Party (PKK) is not a terrorist organization. The PKK, a separatist group officially launched in 1984, is considered a terrorist group by the government of Turkey, the US and the EU. Two police officers and a journalist also suffered injuries during the shooting. The conflict between the government and the PKK has increased in recent months, after a two-year ceasefire. Following Elci's death, government officials have suggested that Elci was killed during a gun fight between the Turkish police and the PKK. The Diyarbakir Bar Association claim that Elci was targeted in a planned attack.
China releases journalist over declining health
Beijing's Third Intermediate People's Court on Nov. 27 released journalist Gao Yu on medical parole after the Higher People's Court upheld her conviction for leaking an internal Communist Party document to a foreign website. Though she did receive medical parole as a result of her health, the courts have refused to overturn her conviction which means she may still serve her sentence outside of prison. The Higher People's Court upheld the conviction on Nov. 26, also reducing her sentence from seven years to five. The trial of the seventy one year old freelance journalist prompted concerns from the international community who viewed the prosecution as part of a continued crackdown on journalism and free speech rights. Gao admitted to leaking the document at issue [concerning what was discussed at a closed meeting], though [independent news website] Mingjing News contends that it did not receive the document from her. Yu, who has been detained since 2014, received her initial sentence in April at which time she had plead not guilty.
Thai constitution would grant military immunity
Human Rights Watch (HRW) said Nov. 24 that a proposed provision in Thailand's constitution would permit the nation's military to commit human rights abuses without fear of punishment, in violation of international treaties. A new constitutional provision before Thailand's legislative body, known as the the junta, or the National Council for Peace and Order, would exculpate the use of force by military personnel if the conduct is "carried out with honest intention" in the interest of national security. HRW referred to the constitutional amendment as a "license to kill." HRW acknowledged that Thailand's military forces have acted with impunity for decades, but stated: "International human rights treaties ratified by Thailand make clear that status as a government official does not permit immunity for serious rights violations. In addition, Thailand has international legal obligations to ensure the right to an effective remedy for victims of serious violations, including unlawful killings."
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